News

OCTOBER 2020

THE MARITIME LABOR CERTIFICATE 2006 AND SMALL FISHING VESSELS REGISTRED IN SPAIN

Is the MLC required for the small fishing vessels with Spanish flag? That was a query we received some time ago.

The Maritime Labor Certificate certifies that the working and living conditions of seafarers on the ship have been inspected and meet the requirements of national laws or regulations or other measures implementing this Convention. A Maritime Labor Certificate may also be issued on an interim basis:

(a) To new ships on delivery;

(b) When a ship changes flag; or

(c) When a ship-owner assumes responsibility for the operation of a ship which is new to that ship-owner.

The issue is whether small fishing vessels under Spanish flag shall have an MLC Certificate on board issued by their insurers. We will review the matter under the light of the applicable legislation in Spain.

THE MARITIME LABOUR CONVENTION (MLC) OF 2006

Spain has ratified the MLC 2006, in year 2010.

In Article II of this Convention provides that the term (d) Maritime Labor Certificate means the certificate referred to in Regulation 5.1.3.

Regulation 5.1.3 – Maritime Labor Certificate and declaration of maritime labor compliance states that this Regulation applies to ships of:

• (a) 500 gross tonnage or over, engaged in international voyages; and
• (b) 500 gross tonnage or over, flying the flag of a Member and operating from a port, or between ports, in another country.

For the purpose of this Regulation, “international voyage” means a voyage from a country to a port outside such a country.

• 2. This Regulation also applies to any ship that flies the flag of a Member and is not covered by paragraph 1 of this Regulation, at the request of the ship owner to the Member concerned.

However, Art. II, paragraph 4 of the MLC also establishes that:

“Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries”

Therefore, the fishing vessels with Spanish flag would be exempt of the application of the MCL 2006.

SPANISH ROYAL DECREE 357/2015, MAY 8TH.

The objective of this Royal Decree is to establish the regulation for the supervision, control and guarantee of the compliance of the MLC 2006 in the Spanish flagged vessels.

In Spain, the competent authority for issuing the Maritime Labor Certificate and the Declaration of Maritime Labor Compliance, Part I, is the General Directorate of Merchant Shipping, subsequent to the issuance of a binding report from the General Directorate of the Inspectors of Work and Social Security and the Social Marine Institute relating to those areas over which they have jurisdiction. The General Directorate of Merchant Shipping is thus formally recognized as the Competent Authority for the purposes of MLC 2006.

Through ROYAL DECREE 357/2015, MAY 8^TH, incorporates in our legal system the Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the MLC 2006.

Article 5 provides that for the vessels with Spanish flag that, due to its characteristics, DO NOT REQUIRE a Maritime Labor Certificate nor a Declaration of Maritime Labor Compliance, the responsible authorities will plan and carry out joint inspections to make sure of the compliance of CTM 2006. It also states that for “vessels under 200 gross tonnage NOT GOING ABROAD” the Ministry of Labor and Social Security can use and adapt control mechanisms to supervise and inspect these vessels due to their specific conditions.

THE INTERNATIONAL LABOUR ORGANIZATION CONVENTION N. 188 of 2007 FOR FISHING LABOR

Small fishing vessels are also covered by Convention No. 188, as it applies to all fishers engaged in commercial fishing operations, including on rivers, lakes and canals (Article 1(a)). Only fishers engaged in subsistence fishing and recreational fishing are specifically excluded. Article 41 provides that fishing vessels that fall under its scope shall carry a valid document issued by the competent authority stating that the vessel has been inspected by the competent authority or on its behalf, for compliance with the provisions of the Convention concerning living and working conditions.

Article 2.3 states that any Member, after consultation, may extend, in whole or in part, to fishers working on smaller vessels the protection provided in this Convention for fishers working on vessels of 24 meters in length and over.

It is important to note that Spain has not ratified this Convention.

As P&I Correspondents and Maritime Law Firm, we remain at your disposal shall you have any further enquiry.